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09-20-2022 MeetingSeptember 20, 2022 A regular meeting of the Scandia City Council was held on the above date with modifications. The meeting was conducted in-person at the Scandia Community Center and over an electronic platform. All participants who joined the meeting remotely could hear each other and contribute to discussions. Mayor Christine Maefsky called the meeting to order at 7:00 p.m. Roll call was taken. The following were in attendance: Council members Heather Benson, Jerry Cusick, Steve Kronmiller, Patti Ray, and Mayor Christine Maefsky. Staff present: City Administrator Ken Cammilleri, City Attorney Chris Nelson, City Planner Evan Monson, City Engineer Ryan Goodman, Deputy Zach Boesel (remote), Fire Chief Mike Hinz, Public Works Director Charles Fischer, Treasurer Colleen Firkus, and City Clerk Brenda Eklund. APPROVAL OF AGENDA Benson, second by Ray, moved to approve the agenda as presented. Motion carried 5-0. LAW ENFORCEMENT REPORT Deputy Boesel provided a report on police activity. Boesel reported that the Taco Daze community event on September 10th was a huge success, with an increased presence from the Sheriff's Department community engagement team. Enforcement of the city's jake braking ordinance is a priority, with Boesel issuing citations along the highway corridors; Boesel noted fewer incidences are being reported. Boesel has been present at the Scandia elementary school, and will begin the DARE program with the sixth -grade class. PUBLIC FORUM There were no public comments. CONSENT AGENDA a) Minutes 1) August 16, 2022 Regular Meeting 2) August 29, 2022 Work Session 3) September 7, 2022 Work Session b) Treasurer's Report c) Payment of Vouchers d) Approve Scandia-Marine Lions Club Application for Lawful Gambling Premises Permit to conduct charitable gambling at The Grillium, 21050 Ozark Court North. Resolution No. 2022-30 e) Approval of contract for safety training services with SafeAssure Consultants, Inc and approval of payment to SafeAssure Consultants Inc in the amount of $3,615.52 for services to be rendered between October 1, 2022 through September 30, 2023. f) Authorize the hiring process for Public Works and Parks Winter Seasonal Employees g) Approved Hiring Seasonal Program Instructors, Assistants & Winter Recreational Programs Benson, second by Ray, moved to approve the Consent Agenda as presented. Motion carried 5-0. September 20, 2022 Scandia City Council Page 2 of 6 PARK AND RECREATION COMMITTEE Vice Chair Greg Zauner reported that Vinterfest will be held on February 4, 2023. This is a change from the traditional date of the last Saturday in January, to accommodate a scheduling conflict with Corey Roberts to host the hockey tournament. The PRC approved this winter's ice- skating classes for youth at their September meeting. The pickleball tournament held on Taco Daze was successful, as well as the promotion of the Parks survey that day. An open house will be held on October 19th to gather community input to help guide and develop the Parks Open Space Master Plan. The star gazing event planned for October will be delayed. PLANNING COMMISSION Variance from the Development Code requirements to remove and rebuild a seasonal cabin within required setback areas at 16963197th Street North. Kris Berggren & Ben Olk, Applicants. Resolution No. 2022-31 Planner Monson presented the recommendation from the Planning Commission to approve variances for setbacks, lot size, frontage and lot area to rebuild a cabin at 16963 197th Street. Monson explained that wetlands on the property create large setback requirements that overlap a majority of the property. Without a variance, the owner would be unable to do any improvements on the property. The rebuilt cabin will be further away from the river and narrower to increase distance from wetlands. A site diagram was in the staff report to demonstrate the challenges with the site. Monson explained that the Planning Commission found the variance criteria was met. Findings and conditions of approval were presented in a resolution, including that required Watershed District and grading permits are approved. Council member Ray asked if the owner combined the lots, could the cabin be moved further away from the river. Monson explained that there is an existing septic system built in 2014 to the west of the cabin; shifting the cabin west would be too close to this system to allow for livable space. Monson said the applicants are keeping the cabin roughly where it is, and will reduce the footprint slightly. Mayor Maefsky noted that the National Park Service said the project is permissible, and the Carnelian -Marine -St. Croix Watershed District conditionally approved the project. No DNR comments were received. Benson, second by Cusick, moved to adopt Resolution No. 2022-31, Approving Variances for 16963 197th Street North. Motion carried 5-0. Recommendation to Adopt Unified Development Code and Zoning Map for the City of Scandia, Ordinance No. 2022-02. Administrator Cammilleri presented Ordinance No. 2022-02, adoption of the Unified Development Code, to replace existing chapters 1-3, and recodify existing chapters 4-6 of the current development code. The Planning Commission had recommended its adoption at their meeting on June 7, 2022. Cammilleri noted that the summary adoption includes the new zoning map as well. September 20, 2022 Scandia City Council Page 3 of 6 Mayor Maefsky said she was not present at the August 29th work session where the consultant reviewed the new accessory structure standards using spatial concepts of larger permitted sizes for accessory structures. Cammilleri explained that at that meeting, the Council gave consensus to approve the accessory structure standards as recommended by Planning Commission, and he understood that what was presented was acceptable. No vote was taken at that meeting, only discussion of the UDC. Mayor Maefsky asked the Council if they are comfortable with the change to allow more size and the effects this will have to the community. Council member Benson explained that the Council was shown maximum impact on each lot based on acreage. Staff recommended amendments to the zoning map to remove the mining overlay from two properties on Lofton Avenue, and to designate two lots on the winery property from Ag Core to Rural Commercial. Staff explained that the Council had approved changes to the future land use map for these properties within the past year, and these changes should be incorporated into the city's new zoning map. Council asked to see the amended zoning map at their next meeting. Kronmiller, second by Benson, moved to adopt Ordinance No. 2022-02, The Repeal and Replacement of Scandia Development Code Chapters 1 through 3 with a Unified Development Code and the Renumeration of Chapters 4 through 6 of the Scandia Development Code. Motion carried 4-0; Maefsky abstained. Adopt Resolution No. 2022-32, Summary Publication of Ordinance No. 2022-02 Kronmiller, second by Benson, moved to adopt Resolution No. 2022-32, Approving Summary Publication of Ordinance No. 2022-02, for publication on October 12, 2022. Motion carried 5-0. SCANDIA INTERNET ACTION COMMITTEE The IAC did not meet in September. Cammilleri said that confirmation was received from Mn DEED that the Border -to -Border grant project for FY 2021 has been accepted and closed out with Midco. TOURISM COMMITTEE Tourism Chair Sue Dickens was absent. Mayor Maefsky reported on the shopping extravaganza planned for November 27th, a possible food truck fair next summer, and shopping events this fall with special sales and refreshments at local merchants. ECONOMIC DEVELOPMENT AUTHORITY Council member Benson reported on the September 12th meeting of the EDA. The Board has voted to meet bi-monthly, following their meeting on October 17th. An EDA business breakfast is planned for November. The EDA established a 2023 budget of $5,300. WASTEWATER COMMITTEE No meeting was held in the past month. September 20, 2022 Scandia City Council Page 4 of 6 SISTER CITY COMMITTEE Council member Ray reported that the Sister City Committee held a virtual meeting on August 24 with Mellerud's committee, and plan to connect every few months. Photos of the Committee's participation in the Taco daze parade were viewed. The Committee plans to host an annual event to celebrate the signing of the charter, planned for April 20, 2023. The Committee has raised over $3,600 for Ukrainian refugees living in Mellerud. BUILDING OFFICIAL The August building activity report was received from Building Official Joel Hoistad. Last month 34 permits were issued at a valuation of $2,592,263.00. FIRE DEPARTMENT Fire Chief Hinz reported on the fire department's August activity. Last month the department responded to 38 calls; 11 fire, 22 medicals, and 5 cancelled calls. Hinz said that year-to-date call volume continues to be high. Fire Prevention Day is October 11th at the fire hall. CITY ENGINEER Engineering Updates City Engineer Goodman reported on engineering updates. The city's 2022 road project is wrapping up, with County projects on Manning Trail and Olinda Trail proceeding this fall. Floodplain risk assessment project planning continues with local watershed districts. The Bliss Addition Stormwater Project engineer and Watershed will have neighborhood meetings in October, to answer questions and make any final changes. 2022 Street Improvement Project — Contractor's Request for Payment No. 2 Benson, second by Kronmiller, moved to approve the Contractor's Request for Payment No. 2 and pay $30,585.44 to Astech Surface Technologies Corporation. Motion carried 4-0, with Ray abstaining. Bliss Collector Wastewater Treatment Facility Nitrogen Mitigation Evaluation Report Goodman summarized the Facility Evaluation Report to the MPCA, submitted September 1St The purpose of the memo was to summarize the effect of operational changes and upgrades on the Bliss wastewater treatment facility and address its nitrogen treatment capacity. The report listed data on nitrogen levels measured in the monitoring wells, with well #4 exceeding the upper limit through July 2022 data. The report described adjustments made to the infiltration trenches to monitor flow and nitrate concentration occurrences. Goodman said that Bolton & Menk will continue to gather additional information while waiting for an MPCA response, and will go from there. DIRECTOR OF PUBLIC WORKS Public Works Director Charles Fischer reported on the department activities. Mowing right of ways continues; the sewers are operating well — 28 tanks were pumped for sludge; there has been extra testing of groundwater wells and drainfields. In preparation of new playground equipment next spring, the Community Center playground has been dismantled for recycling of metal, and excavation began to prepare the site for the concrete work in the next few weeks. Potential tree removal on city property on Lofton Court is being investigated; staff is waiting on a survey that is about 4 weeks out. September 20, 2022 Scandia City Council Page 5 of 6 CITY ADMINISTRATOR Administrator Cammilleri reported on general updates. Water quality monitoring for the Martin Marietta gravel pit has been submitted and is being evaluated by the city's groundwater experts. The Gateway Trail project received a preliminary award for trail buildout; the city contribution is yet unknown. Plans are to carry out construction of the trail in 2023 to 2026, beginning with engineering work in the next month, with wetland and survey work to follow. Cammilleri said there is time to locate other funding sources to close the gap, as this will be a phased project — no expenses will be undertaken other than the city allocated amount to begin the investigation work Cammilleri said he is hopeful the legislature will approve the LMCCR bill as recommended. CONSIDER REQUEST FOR RELOCATION OF PEDESTRIAN EASEMENT TO GOOSE LAKE— JIM SIMPSON Jim Simpson addressed the Council, explaining that at the last meeting he attended on August 16th the Council reviewed an opportunity to relocate the easement and had asked for more details. Simpson presented a detailed survey and aerial view of a relocated 20 -foot easement traveling west and south along the property lines and ending at the Goose Lake public boat access. Simpson said he is making a gracious offer with a tremendous number of pros and zero cons. The new trail doubles the length and leads to a public dock, providing wider access to the lake, and removes the extremely challenging wetland crossing. Simpson asked the Council to make a decision on his offer and not kick the can down the road. Simpson said he has heard rumors that he is developing his land — saying this is false; he is expanding the tree farm only. Simpson said that he wishes to successfully utilize the land and needs the easement to the lake vacated, resulting in this relocated pedestrian easement offer. Council member Cusick asked if the easement is entirely on Simpson's property until it reaches Oldfield Avenue. Simpson said yes, it's entirely on my property, which borders Ellen St. Sauver's, who supports this proposal. Council member Ray noted that at the August 16th meeting, St. Sauver asked that a fence mark the easement. Administrator Cammilleri said that he has spoken with St. Sauver and she wants it clearly marked but not necessarily fenced. Cammilleri said that signage for no trespassing could be installed. Mayor Maefsky said that a problem has been brought up throughout all these discussion on the easement — the difficulty of maintaining it. Maefsky said that going forward, there should be terms for a maintenance agreement. Simpson said the first step is figuring out if the easement can be moved, and his offer is not adding onto his responsibility for the easement. Simpson said his reputation has always been his good care of his land, but he will not put in writing an agreement to maintain and care for a pedestrian easement. Cammilleri added that it is difficult to formalize a maintenance agreement that would transfer to future landowners; that could be a problem. Simpson said that the existing easement is not being maintained now. Mayor Maefsky said she wanted to see Simpson's verbal description of the relocated easement in writing as he is describing it, including any fencing, signage, or city responsibilities. Simpson reiterated that this is an offer to relocate the pedestrian easement, with no other offers, saying this will double its size and have access to a public place. September 20, 2022 Scandia City Council Page 6 of 6 City Attorney Nelson described the statutory vacation process which Simpson would have to proceed with to vacate a portion of the existing easement. Simpson said yes, he understands that. Administrator Cammilleri said that the city can leave right-of-ways in an unmaintained condition. At this point, he is not sure how much maintenance this trail would involve; clearing would be required, with wood chips or other low maintenance improvements. Mayor Maefsky asked to see more of the proposal in writing to be clear about what the request is, and an analysis of what this means to the city. Administrator Cammilleri said he will prepare a written tentative agreement to clarify what is being offered, for discussion at the next work session. Cammilleri said however, with the conflicting emotions of the community on this topic, he wouldn't recommend or define implications. RESOLUTION NO. 2022-33 CERTIFYING THE MAXIMUM TAX LEVY FOR 2023 AND ADOPTING A DATE FOR TRUTH -IN -TAXATION HEARING ON THE 2023 BUDGET Administrator Cammilleri presented the preliminary 2023 budget proposal, a 10% Levy Increase & Tax Rate Reduction of 14.16% Scenario, which was corrected to an 8.7% levy increase over 2022. The Council can reduce the levy before final adoption in December, but cannot increase it. Cammilleri explained implications of a $81.20 increase to property taxes per $100,000 value. Council member Benson recommended the EDA portion of the levy be lowered from $9,200 to $5,300, as the EDA has funds carried over from previous years. Benson said the remaining funds could be shifted to other funds, with the total levy remaining the same at $2,803,556. Kronmiller, second by Ray, moved to adopt Resolution No. 2022-33, Adopting the Preliminary 2022 Certified Levy Payable in 2023, as amended by reducing the EDA Fund to $5,300 and adding $3,900 to the General Capital Fund. Motion carried 5-0. The resolution set the Truth in Taxation public hearing on the city's budget and levy as December 7, 2022 at 6:30 p.m. CINNAMON BUN DAY PROCLAMATION The fourth annual cinnamon day will be celebrated on October 4th, with volunteers distributing pastries to morning commuters. Ray, second by Benson, moved to adopt the Cinnamon Day Proclamation. Motion carried 5-0. ADJOURNMENT Benson, second by Ray, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 8:30 p.m. Respectfully submitted, Brenda Eklund, City Clerk